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(영문) 전주지방법원 2015.01.16 2014고단1964
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving C 4.5 tons of truck trucks.

On June 13, 2014, the Defendant driven the above cargo vehicle at around 09:15, while driving it, the Defendant proceeded along the boundary of the Jinan-gu Saemaeul-gun, the Saemaeul-gun, which is in the flow of the Jin-gun, with one-lane, at the seat of the entrance office of the Jin-gu, Seoul-do.

It is difficult to confirm the vehicle in progress because fences are installed in the vicinity of the road that is connected to the right side of the defendant's driving direction. Thus, a person engaged in driving service has a duty of care to temporarily stop and check whether a vehicle passes through the intersection and to safely pass through the intersection by checking well the left and right of the vehicle.

Nevertheless, the defendant neglected to temporarily stop or temporarily stop while driving at a speed, and without checking the left and right of the vehicle, and tried to cross the above road through the intersection due to occupational negligence, the victim D, who tried to cross the road, was driving at the seat of the Nowon Village in the Man-do Saemaeul Saemaeul, with the 100G motorcycle that was driven by the victim D (ma, 83 years old), was immediately discovered, and did not avoid it, and received the front part of the victim's motorcycle that was driven by the defendant.

In addition, due to the shock, the victim was suffering from serious injury to his or her consciousness low and he or she was suffering from serious injury to his or her condition due to cerebral cerebrovascular and cerebral typosis, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and on-site photographs;

1. A report on the results of re-inspection of traffic accidents and comprehensive traffic accident analysis;

1. Application of the legislation in its opinion;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Special Cases concerning the Selection of Punishment, Article 268 of the Criminal Act, and Selection of imprisonment without prison labor;

1. The confession under Article 62 (1) of the Criminal Act and the fact that it seriously reflects on the suspension of execution; and

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